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Real Property – Uniform Voidable Transactions Act – First Impression – ‘Transfer’ – Statute of Repose
Teresa Bruno, Opinions Editor//November 6, 2017//
Real Property – Uniform Voidable Transactions Act – First Impression – ‘Transfer’ – Statute of Repose
Teresa Bruno, Opinions Editor//November 6, 2017//
KB Aircraft Acquisition, LLC v. Berry (Lawyers Weekly No. 010-073-17, 1 p.) (Per Curiam) Appealed from Watauga County Superior Court (Richard Doughton, J.) On discretionary review from the Court of Appeals. N.C. S. Ct.
Holding: The Supreme Court improvidently allowed discretionary review of the Court of Appeals’ decision (Under the Uniform Voidable Transactions Act, a “transfer” refers to the actual transfer of property and not to the date on which a creditor discovers the transfer; furthermore, G.S. § 39-23.9 is a statute of repose, not a statute of limitations.).
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